A June 10, 2015, petition filed by consumer and environmental groups asks the Food and Drug Administration (FDA) to ban the following synthetic substances widely used in baked goods, ice cream and beverages: (i) benzophenone (also known as diphenylketone); (ii) ethyl acrylate; (iii) eugenyl methyl ether (also known as 4-allylveratrole or methyl eugenol); (iv) myrcene (also known as 7-methyl-3-methylene- 1,6-octadiene); (v) pulegone (also known as p-menth-4(8)-en-3-one); (vi) pyridine; (vii) styrene; and (viii) trans,trans-2,4-hexadienal. Signed by the Center for Science in the Public Interest, National Resources Defense Council, Center for Environmental Health, Environmental Working Group, Center for Food Safety, Consumers Union, and Improving Kids’. Environment, the petition claims that the flavorings are not safe for use in human food under the Delaney Clause of the Food Additives Amendment Act (21 U.S.C. § 348 (c)(3)(A)) because the National Toxicology Program and other agencies have linked them to animal or human cancers. The…
Category Archives U.S. Government and Regulatory Agencies
The International Trade Administration’s Advisory Committee on Supply Chain Competitiveness will hold a public meeting on June 23-24, 2015, at the U.S. Department of Commerce in Washington, D.C. The 45-member group is charged with providing the Commerce secretary with recommendations for a comprehensive national freight infrastructure and freight policy to support U.S. supply chain and export competitiveness. Stakeholders are invited to submit written comments about the work of the committee no later than 5 p.m. EST on June 15. See Federal Register, June 2, 2015. Issue 567
In a recent journal article, a Babson College marketing law professor discusses legal disputes over the labeling of food as “natural,” noting drawbacks of using courts as public policy developers on the issue. Ross D. Petty, “‘Natural’ Claims in Food Advertising: Policy Implications of Filling the Regulatory Void with Consumer Class Action Lawsuits,” Journal of Public Policy & Marketing, Spring 2015. Petty provides a history of the debate and litigation over use of the terms “natural” and “unprocessed” on food labels, beginning with U.S. Federal Trade Commission (FTC) actions against Sugar in The Raw® and Hawaiian Punch® in the 1970s. The article also details efforts by the U.S. Food and Drug Administration (FDA) and Department of Agriculture (USDA) to define “natural,” “synthetic,” “healthy” and “good source.” Petty highlights industry self-regulation, such as the processes established by the National Advertising Division of the Council of Better Business Bureaus, as a venue for…
The U.S. Department of Agriculture’s (USDA’s) Grain Inspection, Packers and Stockyard Administration (GIPSA) is soliciting nominations for individuals to fill five pending vacancies on the USDA Grain Inspection Committee. The 15-member group representing grain producers, processors and exporters, among other stakeholders, meets twice a year to guide GIPSA in delivering its mandates under the U.S. Grain Standards Act. See Federal Register, May 26, 2015. Issue 566
Citing the need to protect the long-term health of children, U.S. Rep. Rosa DeLauro (D-Ct.) has introduced legislation (H.R. 2529) that would require the U.S. Food and Drug Administration to set a maximum permissible level for inorganic arsenic in rice and rice products within two years. “High levels of inorganic arsenic, a known carcinogen, can be found in rice, cereal and other common, everyday foods,” DeLauro said. “The federal government needs to step in to make sure that American families are consuming food that is safe.” The proposal has been referred to the Committee on Energy and Commerce and Committee on Agriculture. See Press Release of U.S. Rep. Rosa DeLauro, May 21, 2015. Issue 566
The U.S. Food and Drug Administration (FDA) has issued draft guidance about the implementation of mandatory food recall provisions under the Food Safety Modernization Act (FMSA). The guidance provides answers to common questions such as “What evidence might FDA consider when deciding to move forward with a mandatory food recall under Section 423 of the Federal Food, Drug, and Cosmetic Act?” Interested parties may submit comments to the Division of Dockets Management until July 6, 2015. See Federal Register, May 7, 2015. Issue 565
The U.S. Department of Agriculture’s (USDA’s) Food Safety & Inspection Service (FSIS) has issued guidance about new labeling requirements for raw or partially cooked mechanically tenderized beef products, including those injected with marinade or solution. In addition to stating that the products have been mechanically, blade or needle tenderized, the labels must also provide cooking instructions to ensure their proper handling by household consumers, restaurants and similar venues. Because mechanical tenderization has been linked to the possible introduction of pathogens into the interior of beef products, certain cooking time and temperature combinations can prevent foodborne illness. The labeling mandate takes effect in May 2016 or one year after the new requirements are published in the Federal Register. See USDA Press Release, May 13, 2015. Issue 565
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) is convening a public meeting of the General Conference Committee of the National Poultry Improvement Plan on July 23, 2015, in Salt Lake City, Utah. The group of industry and state agency representatives will reportedly discuss (i) approved tests and (ii) updates regarding avian influenza, Salmonella and Mycoplasma. See Federal Register, May 1, 2015. Issue 564
The Food and Drug Administration has announced a June 1, 2015, public meeting of the Transmissable Spongiform Encephalopathies (TSE) Advisory Committee in Silver Spring, Maryland. Presentations at the meeting will reportedly target the (i) current bovine spongiform encephalopathy (BSE) “situation” domestically and worldwide; (ii) U.S. Department of Agriculture’s regulatory approaches to decreasing the risk of foodborne exposure to BSE; and (iii) variant Creutzfeldt-Jakob Disease “situation” domestically and worldwide, and status of the U.K.’s Transfusion Medicine Epidemiological Review. Written comments must be submitted by May 25. See Federal Register, April 29, 2015. Issue 563
The Federal Trade Commission (FTC) has approved a final consent order barring an automobile shipment broker from touting its “highly ranked ratings” without disclosing that consumers were offered a $50 discount to write favorable reviews. According to the agency, the complaint against AmeriFreight is the first time FTC “has charged a company with misrepresenting online reviews by failing to disclose that it gave cash discounts to customers to post the reviews.” See FTC Press Release, February 27, 2015. FTC apparently flagged AmeriFreight’s website and advertising materials for claiming that the company had “more highly ranked ratings and reviews than any other company in the automotive transportation business.” Consumers were apparently offered $50 discounts in exchange for good reviews, with the opportunity to win $100 if their review was selected for a monthly prize. In addition, the agency claimed that the respondents (i) “contacted consumers after their cars had been shipped to…
